FAQ

Who can engage in mediation?

Anyone can seek mediation. At times the leaders in the workplace will request employees attend mediation. All that is required is that both parties are in agreement to engage in the process with an intent to resolve the dispute and come to agreement.
 

What types of disputes can be mediated?

Neighbourhood disputes, Inter-family disputes, Elder Disputes, Tenancy Disputes, Workplace Disputes, Small Business and Consumer Disputes, Incorporated Associations, Owner’s Corporation Disputes, Retirement Village & Aged Care Disputes, Will disputes, Business Disputes, Finance and Property Disputes (Not FDR)

what is the mediator’s role?

The mediator does not offer advice or give direction concerning what outcomes the mediator feels is appropriate. Instead the mediator guides the parties in coming up with options and processes on how to move forward. Mediation can often be successful if both parties are willing to find a resolution and participate in good faith. The mediator has skills and experience that provides an environment where parties can speak and be heard, where listening to the other party is enabled and where the parties are given ways to create options about how to move forward. The parties to the mediation are in control the outcome. A mediator facilitates helpful communication, promotes understanding, assists each party to identify their own needs and interests, and practices creative problem-solving techniques to enable the parties to come to their own agreement.
 

what is my role as a party to the dispute?

To negotiate collaboratively and in good faith.  That means to be open and honest about your needs and interests and consider then needs of the other party and be willing to identify a compromise that will allow resolution or ideally a win/win solution that works well for both.
 

HOW LONG DOES A MEDIATION TAKE?

The Mediator will meet with each party in the negotiation. This meeting is usually about one hour. If the parties are willing to go ahead , then the mediation session lasts usually two to three hours. If an agreement is reached the mediator will spend some time writing up the agreement later and sending to it to the parties.
 

what if we don’t reach agreement?

There are costs to engage in the mediation process. These costs are the same for a mediation that results in an agreement and also for one that doesn’t. The parties are working in their own best interests to work towards a settlement of some kind. However, not every dispute arrives at a settlement or agreement. Sometimes one or both parties pull out, sometimes the conflict is too difficult and parties can not reach agreement. It may happen that progress is made but a second or even third session of mediation may be necessary to finally reach agreement.